MINNEAPOLIS (AP) — A judge says a blood test showing that a Minnetrista father was legally drunk when his SUV crashed through the ice in a Lake Minnetonka channel with his infant daughter inside is admissible in court.

The Star Tribune reports (http://bit.ly/11IF3vd ) that Monday’s ruling leaves in question whether the criminal vehicular homicide case against Jonathan Markle will proceed to trial or end with a guilty plea in the drowning death of his 8-month-old daughter, Tabitha.

Judge Jay Quam says the circumstances of the events on Jan. 18 when Markle’s SUV went through the ice justified taking his blood without a warrant. The sample showed a blood alcohol level of 0.13 percent, well above the legal limit of 0.08 percent.

Markle’s attorney, Joe Friedberg, says he’s not certain of their next step.